Music law

Music Law refers to legal aspects of the music industry, and certain legal aspects in other sectors of the entertainment industry. The music industry includes record labels, music publishers, merchandisers, the live events sector and of course performers and artists.

The terms "music law" and "entertainment law", along with "business affairs", are used by the music and entertainment industry and should not be thought of as academic definitions. Indeed, music law covers a range of traditional legal subjects including intellectual property law (copyright law, trademarks, image publicity rights, design rights), competition law, bankruptcy law, contract law, defamation and, for the live events industry, immigration law, health and safety law, and licensing.

Publishing is the primary source of income for musicians writing their own music. Money collected from the 'publishing' rights is ultimately destined for songwriters - the composers of works, whether or not they are the recording artist or performer. Often, songwriters will work for a musical ensemble to help them with musical aspects of the composition, but here again, the writer of the song is the owner of it and will own the copyrights in the song and thus will be entitled to the publishing revenues. Copyrights in compositions are not the same as sound recordings. A recording artist can record a song and sell it to another band or company. As a result, that particular company will own the recording, but not the song. The original writer will always maintain the copyright for that particular song. The publishing money is connected to the copyright, so the owner will be the only one making money off of the song itself. All successful songwriters will join a collection society (such as ASCAP and BMI in the USA, SOCAN in Canada, JASRAC in Japan, GEMA in Germany and PRS for Music in the UK, etc.) and many will enter into agreements with music publishing companies who will exploit their works on the songwriters behalf for a share of ownership, although many of these deals involve the transfer (assignment) of copyright from the songwriter to the music publisher.

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